Massachusetts Personal Injury Law

The following summary of Massachusetts personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.

Massachusetts Statute of Limitations:

• Personal Injury: For general personal injury, 3 years.
• Medical Malpractice: 7 years
• Products Liability: 3 years

Caps on Personal Injury Awards in Massachusetts:

There is a personal injury cap of $500,000 for non-economic damages in medical malpractice cases.

Massachusetts Serious Injury Threshold:

There is a monetary threshold in Massachusetts of $2,000.00.

Massachusetts is a no fault state and follows the modified comparative fault - 51% theory which means that if a plaintiff is 51% at fault or more, they will be unable to recover anything.

Personal Injuries & Theories of Liability Massachusetts:

Auto Accidents: When a party negligently operates his vehicle and a pedestrian, passenger or another driver is injured as a result, the negligent driver will be liable for the personal injury and/or property damage of the victim.

Product Liability: Products must be free of defect before consumers are permitted to purchase them. Products go through years of testing before they are made available. For this reason, everyone in the chain of distribution can be held strictly liable for damages that result from defective products.

Workers' Compensation: Massachusetts is a compulsory state meaning that employers are required to carry insurance in the event of workplace injury to compensate employees for their lost wages, medical expenses and possible settlements.

Wrongful Death: In these cases, the defendant will be liable to the estate of the victim in any situation in which the defendant's negligence gave rise to the death of a victim.

Medical Malpractice Cases: These cases arise where a medical professional has acted below the standard of care required by the medical community. If a doctor, nurse, or other health professional was negligent in their duties, they can be held liable.

Slip and Falls: Property ownership carries with it the responsibility to maintain the property in a manner free of obvious dangerous conditions or those that would be discovered upon reasonable inspection. When an injury occurs due to the negligence of a property owner, he or she will be liable for the damages that result.

For More Information Check out these sites:

Official Massachusetts State Website

Massachusetts State Bar Association